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Civil Term - Part Rules, Part 27, Courtroom 505


Justice Darrell L. Gavrin
88-11 Sutphin Blvd.
Jamaica, NY 11435
Chambers Phone: (718) 298-1416
Courtroom Phone: (718) 298-1640
Fax Phone: (718) 298-1108
Principal Law Clerk: Margaret M. Crowley, Esq.
Secretary: Valerie Traverson
Part Clerk: Robert McKibbin

Preliminary Conference | Compliance Conferences | Motion Practice | Trials | Settlements and Discontinuances | Infant's Compromise Orders | Uncontested Matrimonials

NO TELEPHONE INQUIRIES CONCERNING MOTIONS OR APPLICATIONS MAY BE MADE TO CHAMBERS. All such inquiries must be made to the Motion Support Office (718-298-1009) or to the Ex Parte Office (718-298-1018) or to the Clerk of the Part (718-298-1640).

 

Preliminary Conference

A preliminary conference shall be scheduled automatically by the Court within 45 days after filing a Request for Judicial Intervention, pursuant to 22 NYCRR § 202.12(b); or upon filing a written Request for a Preliminary Conference with the Clerk’s Office, Room 140, in compliance with 22 NYCRR § 202.12 (a); or an appropriate notice is filed in malpractice or certiorari cases pursuant to 22 NYCRR §§ 202.56 and 202.60.

All preliminary conferences shall be held on Mondays at 9:30 a.m. at the Preliminary Conference Part, Room 3002 at the Jamaica courthouse and presided over by the
court-appointed referee, unless otherwise directed by the Court. Failure to appear at the scheduled preliminary conference may result in discovery being ordered ex parte or any other appropriate sanction including preclusion or dismissal.

Any inquiry pertaining to a preliminary conference shall be made to the Preliminary Conference Part at (718) 298-1046.

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Compliance Conferences

Compliance conferences shall be held on the date scheduled in the Preliminary Conference Stipulation and Order. Compliance conferences shall be held before Justice Martin Ritholtz in Room 313.

Any inquiry pertaining to a compliance conference shall be made to the Compliance Conference Part at (718) 298-1093.

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Motion Practice

Motions noticed after October 1, 2012, shall be made returnable in the Centralized Motion Part (CMP), in the Jamaica Courthouse, 88-11 Sutphin Boulevard, Jamaica, NY 11435 - Courtroom 25 Monday - Thursday at 2:15 p.m. and Friday at 11:00 a.m.

Please refer to the Centralized Motion Part (CMP) Rules located at:
www.nycourts.gov/courts/lljd/supreme/civilterm/centralizedmotion_part_rules.pdf.

It is important to note that for those motions noticed after October 1, 2012, Part 27 will no longer have an individual motion day, as all motions will be returnable in the CMP. The CMP Rules require that the parties comply with both the CMP Rules and the Rules of Part 27.

Please do not call the Part or Chambers for adjournments as NO ADJOURNMENTS WILL BE GRANTED BY TELEPHONE.

All motions and ex parte applications submitted shall be in compliance with Uniform Rule
§ 202.5. In addition to this requirement, all pages and paragraphs must be numbered. All exhibits annexed to motion papers shall be preceded by numbered exhibit tabs.

Answering and reply papers will be accepted only on the return date in the CMP. The Court will not consider papers or letters sent to Chambers or the Part after full submission of the motion or cross motion(s). Courtesy copies of papers are NOT required.

Copies of decisions on motions will only be mailed to attorneys and pro se litigants who provide a stamped, self-addressed envelope at the time of final submission of the motion. If no stamped, self-addressed envelope is provided, it is the responsibility of the respective attorneys and pro se litigants to follow-up with the appropriate Clerk’s office to obtain a copy of the decision.

ALL INQUIRIES AS TO CASE OR CALENDAR STATUS ARE TO BE MADE TO THE APPROPRIATE CLERK’S OFFICE. PLEASE DO NOT CALL CHAMBERS.

Centralized Motion Part (CMP) (718) 298-1728
IAS Motion Support Office (718) 298-1009
Ex Parte Support Office (718) 298-1018

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Trials

Prior to the commencement of trial, counsel must submit the marked pleadings, a copy of the bill of particulars, a witness list, an exhibit list, proposed jury instructions and a proposed verdict sheet. Counsel must know the availability of all witnesses whom he/she intend to call during trial. A pre-charge conference with all counsel will be held once all sides have rested.

The Court encourages trial exhibits be pre-marked for identification by the court reporter and, when possible, that the parties stipulate to the admissibility of clearly admissible documents and records.

Motions in limine - On the first appearance in Part 27 for trial, any party intending to make a motion in limine shall submit a brief written affirmation or a trial memoranda setting forth the nature of the application and any supporting statutory or case law. The party shall furnish the Court with an original and one copy, and provide counsel for all parties with a copy.

The trial will be conducted on a continual daily basis until conclusion. No adjournments or delays during trial will be granted, unless exigent circumstances exist.

Tort actions are generally bifurcated. The Court expects, unless previously advised otherwise by counsel, to conduct the damages phase of the trial before the same jury immediately following a verdict for plaintiff finding defendant(s) liable.

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Settlements and Discontinuances

If an action is settled, discontinued or otherwise disposed of, counsel shall immediately inform the Court by submission of a copy of the stipulation of settlement or letter directed to the Clerk of the Part. All stipulations of discontinuances must be accompanied by proof of payment of the appropriate fee (CPLR § 8020 [d] [1]).

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Infant's Compromise Orders

Before submission of an Infant’s Compromise Order, counsel shall obtain from the Clerk of the Part an infant’s compromise checklist to ensure the submission of all necessary information and documentation. Infant’s compromise orders sent to chambers without the required worksheet completed will be returned to counsel. Proof of payment of any appropriate fee is required.

Infant compromise hearings will be scheduled by the Court and the plaintiff will be informed of the hearing date by mail.

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Uncontested Matrimonials

Any corrections to a rejected set of matrimonial papers must be submitted to the Matrimonial Clerk and NOT directly to Chambers.

This Court takes seriously its duty to protect children in calculating child support. Unsupported deviations from the guidelines will result in rejections sought-after judgment of divorce. Deviations from child support guidelines must be thoroughly explained in an affidavit of the party, without resorting to conclusory language and/or in the attorney’s affirmation.

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